Infrastructure Jobs and Energy Independence Act - Deems the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 issued by the Secretary of the Interior to be approved as a final oil and gas leasing program under the Outer Continental Shelf Lands Act (OCSLA). Deems the Secretary to have issued a final environmental impact statement for the Program under the National Environmental Policy Act of 1969 (NEPA).
Directs the Secretary to: (1) conduct a lease sale in each outer Continental Shelf (OCS) planning area for which there is a commercial interest in purchasing federal oil and gas production leases; (2) prepare an inventory of U.S. offshore energy resources; and (3) promulgate regulations concerning the production of oil or gas resources of the OCS, including regulating the installation of surface facilities, mitigating the impact of such facilities on coastal vistas, and allowing onshore facilities to draw upon such resources that are within 10 miles of shore.
Extends from three geographical miles to nine nautical miles a coastal state's allowable seaward boundary.
Repeals the moratorium on oil and gas leasing in: (1) any area east of the Military Mission Line in the Gulf of Mexico; (2) any area in the Eastern Planning Area that is within 125 miles of the Florida coastline; and (3) specified areas within the Central Planning Area and within 100 miles of the Florida coastline.
Requires the Secretary of the Interior to issue a final leasing plan for the Eastern Gulf of Mexico for all areas where there exists commercial interest in purchasing federal oil and gas leases for production.
Specifies revenue sharing percentages for sums received from leasing offshore pursuant to this Act, including 30% for producing states. Prohibits revenues collected from leases prior to this Act's enactment from being affected by this Act.
Authorizes the President to waive requirements governing approval of oil and natural gas activity deemed important to national interests.
Requires the Secretary of Energy (DOE) to: (1) publish a plan to exchange a specified amount of light grade petroleum from the Strategic Petroleum Reserve for heavy grade petroleum plus additional cash bonus bids that reflect the difference in market value between light grade and heavy grade petroleum and the timing of deliveries of heavy grade petroleum, and (2) deposit 90% of the remaining net proceeds from the exchange into the Infrastructure Renewal Reserve.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 787 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 787
To greatly enhance America's path toward energy independence and
economic and national security, to rebuild our Nation's aging roads,
bridges, locks, and dams, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2013
Mr. Murphy of Pennsylvania introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committees on the Judiciary, Energy and Commerce, Rules, the Budget,
and Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To greatly enhance America's path toward energy independence and
economic and national security, to rebuild our Nation's aging roads,
bridges, locks, and dams, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Infrastructure
Jobs and Energy Independence Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--OFFSHORE LEASING AND OTHER ENERGY PROVISIONS
Subtitle A--Offshore Leasing
Sec. 101. Leasing program considered approved.
Sec. 102. Lease sales.
Sec. 103. Seaward boundaries of States.
Sec. 104. Military operations.
Sec. 105. Coordination with Adjacent States.
Sec. 106. Gulf of Mexico oil and gas.
Sec. 107. Sharing of revenues.
Sec. 108. Inventory of offshore energy resources.
Sec. 109. Prohibitions on surface occupancy and other appropriate
environmental safeguards.
Subtitle B--Expedited Judicial Review
Sec. 121. Definitions.
Sec. 122. Exclusive jurisdiction over causes and claims relating to
covered oil and natural gas activities.
Sec. 123. Time for filing petition; standing.
Sec. 124. Timetable.
Sec. 125. Limitation on scope of review and relief.
Sec. 126. Presidential waiver.
Sec. 127. Legal fees.
Sec. 128. Exclusion.
Subtitle C--Other Energy Provisions
Sec. 131. Policies regarding buying and building American.
TITLE II--MODIFYING THE STRATEGIC PETROLEUM RESERVE AND FUNDING
CONSERVATION AND ENERGY RESEARCH AND DEVELOPMENT
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Objectives.
Sec. 204. Modification of the Strategic Petroleum Reserve.
TITLE I--OFFSHORE LEASING AND OTHER ENERGY PROVISIONS
Subtitle A--Offshore Leasing
SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.
(a) In General.--The Draft Proposed Outer Continental Shelf Oil and
Gas Leasing Program 2010-2015 issued by the Secretary of the Interior
(referred to in this section as the ``Secretary'') under section 18 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to
have been approved by the Secretary as a final oil and gas leasing
program under that section, and is considered to be in full compliance
with and in accordance with all requirements of the Outer Continental
Shelf Lands Act.
(b) Final Environmental Impact Statement.--The Secretary is
considered to have issued a final environmental impact statement for
the program described in subsection (a) in accordance with all
requirements under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(c) Correction of Dates.--The Secretary of the Interior shall
update the dates and deadlines proscribed in the program described in
subsection (a) to reflect the time that has passed between the date the
program was issued and the date of enactment of this Act.
SEC. 102. LEASE SALES.
(a) Outer Continental Shelf.--
(1) In general.--Except as provided in paragraph (2), not
later than 30 days after the date of enactment of this Act and
every 270 days thereafter, the Secretary of the Interior
(referred to in this section as the ``Secretary'') shall
conduct a lease sale in each outer Continental Shelf planning
area for which the Secretary determines that there is a
commercial interest in purchasing Federal oil and gas leases
for production on the outer Continental Shelf.
(2) Subsequent determinations and sales.--If the Secretary
determines that there is not a commercial interest in
purchasing Federal oil and gas leases for production on the
outer Continental Shelf in a planning area under this
subsection, not later than 2 years after the date of enactment
of the determination and every 2 years thereafter, the
Secretary shall--
(A) determine whether there is a commercial
interest in purchasing Federal oil and gas leases for
production on the outer Continental Shelf in the
planning area; and
(B) if the Secretary determines that there is a
commercial interest described in subparagraph (A),
conduct a lease sale in the planning area.
(b) Renewable Energy and Mariculture.--The Secretary may conduct
commercial lease sales of resources owned by the United States--
(1) to produce renewable energy (as defined in section
203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)));
or
(2) to cultivate marine organisms in the natural habitat of
the organisms.
SEC. 103. SEAWARD BOUNDARIES OF STATES.
(a) Seaward Boundaries.--Section 4 of the Submerged Lands Act (43
U.S.C. 1312) is amended by striking ``three geographical miles'' each
place it appears and inserting ``9 nautical miles''.
(b) Conforming Amendments.--Section 2 of the Submerged Lands Act
(43 U.S.C. 1301) is amended--
(1) in subsection (a)(2), by striking ``three geographical
miles'' and inserting ``9 nautical miles''; and
(2) in subsection (b)--
(A) by striking ``three geographical miles'' and
inserting ``9 nautical miles''; and
(B) by striking ``three marine leagues'' and
inserting ``9 nautical miles''.
(c) Effect of Amendments.--
(1) In general.--Subject to paragraphs (2) through (4), the
amendments made by this section shall not affect Federal oil
and gas mineral rights and should not affect the States'
current authority within existing State boundaries.
(2) Existing leases.--The amendments made by this section
shall not affect any Federal oil and gas lease in effect on the
date of enactment of this Act.
(3) Taxation.--
(A) In general.--A State may exercise all of the
sovereign powers of taxation of the State within the
entire extent of the seaward boundaries of the State
(as extended by the amendments made by this section).
(B) Limitation.--Nothing in this paragraph affects
the authority of a State to tax any Federal oil and gas
lease in effect on the date of enactment of this Act.
SEC. 104. MILITARY OPERATIONS.
The Secretary shall consult with the Secretary of Defense regarding
military operations needs in the Outer Continental Shelf. The Secretary
shall work with the Secretary of Defense to resolve any conflicts that
might arise between such operations and leasing under this section. If
the Secretaries are unable to resolve all such conflicts, any
unresolved issues shall be referred by the Secretaries to the President
in a timely fashion for immediate resolution.
SEC. 105. COORDINATION WITH ADJACENT STATES.
Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C.
1345) is amended--
(1) in subsection (a) in the first sentence by inserting
``, for any tract located within the Adjacent State's Adjacent
Zone,'' after ``government''; and
(2) by adding the following:
``(f)(1) Prior to issuing a permit or approval for the construction
of a pipeline to transport crude oil, natural gas or associated liquids
production withdrawn from oil and gas leases on the outer Continental
Shelf, a Federal agency must seek the concurrence of the Adjacent State
if the pipeline is to transit the Adjacent State's Adjacent Zone
between the outer Continental Shelf and landfall. No State may prohibit
construction of such a pipeline within its Adjacent Zone or its State
waters. However, an Adjacent State may require routing of such a
pipeline to one of two alternate landfall locations in the Adjacent
State, designated by the Adjacent State, located within 60 miles on
either side of a proposed landfall location.
``(2) In this subsection:
``(A) The term `Adjacent State' means, with respect to any
program, plan, lease sale, leased tract or other activity,
proposed, conducted, or approved pursuant to the provisions of
this Act, any State the laws of which are declared, pursuant to
section 4(a)(2), to be the law of the United States for the
portion of the outer Continental Shelf on which such program,
plan, lease sale, leased tract, or activity appertains or is,
or is proposed to be, conducted. For purposes of this
subparagraph, the term `State' includes the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
the Virgin Islands, American Samoa, Guam, and the other
territories of the United States.
``(B) The term `Adjacent Zone' means, with respect to any
program, plan, lease sale, leased tract, or other activity,
proposed, conducted, or approved pursuant to the provisions of
this Act, the portion of the outer Continental Shelf for which
the laws of a particular Adjacent State are declared, pursuant
to section 4(a)(2), to be the law of the United States.''.
SEC. 106. GULF OF MEXICO OIL AND GAS.
(a) Repeal.--Section 104 of division C of the Tax Relief and Health
Care Act of 2006 (Public Law 109-432; 120 Stat. 3003) is repealed.
(b) Leasing Plan for the Eastern Gulf of Mexico.--Pursuant to
sections 101 and 102 of this Act, the Secretary of the Interior shall
issue a final leasing plan for the Eastern Gulf of Mexico within 180
days after the date of enactment of this Act for all areas where there
exists commercial interest in purchasing Federal oil and gas leases for
production.
SEC. 107. SHARING OF REVENUES.
(a) In General.--Section 8(g) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(g)) is amended--
(1) in paragraph (2) by striking ``Notwithstanding'' and
inserting ``Except as provided in paragraph (6), and
notwithstanding'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9); and
(3) by inserting after paragraph (5) the following:
``(6) Bonus bids and royalties under qualified leases.--
``(A) New leases.--Of amounts received by the
United States as bonus bids, royalties, rentals, and
other sums collected under any new qualified lease on
submerged lands made available for leasing under this
Act by the enactment of the Infrastructure Jobs and
Energy Independence Act--
``(i) 30 percent shall be paid to the
States that are producing States with respect
to those submerged lands that are located
within the seaward boundaries of such a State
established under section 4(a)(2)(A);
``(ii) 10 percent shall be deposited in the
general fund of the Treasury used solely for
paying off the national debt; and
``(iii) 60 percent shall be deposited in
the Infrastructure Renewal Reserve established
by paragraph (7).
``(B) Leased tract that lies partially within the
seaward boundaries of a state.--In the case of a leased
tract that lies partially within the seaward boundaries
of a State, the amounts of bonus bids and royalties
from such tract that are subject to subparagraph
(A)(ii) with respect to such State shall be a
percentage of the total amounts of bonus bids and
royalties from such tract that is equivalent to the
total percentage of surface acreage of the tract that
lies within such seaward boundaries.
``(C) Use of payments to states.--Amounts paid to a
State under subparagraph (A)(ii) shall be used by the
State for one or more of the following:
``(i) Education.
``(ii) Transportation.
``(iii) Coastal restoration, environmental
restoration, and beach replenishment.
``(iv) Energy infrastructure.
``(v) Renewable energy development.
``(vi) Energy efficiency and conservation.
``(vii) Any other purpose determined by
State law.
``(D) Definitions.--In this paragraph:
``(i) Adjacent state.--The term `Adjacent
State' means, with respect to any program,
plan, lease sale, leased tract or other
activity, proposed, conducted, or approved
pursuant to the provisions of this Act, any
State the laws of which are declared, pursuant
to section 4(a)(2), to be the law of the United
States for the portion of the outer Continental
Shelf on which such program, plan, lease sale,
leased tract, or activity appertains or is, or
is proposed to be, conducted.
``(ii) Adjacent zone.--The term `Adjacent
Zone' means, with respect to any program, plan,
lease sale, leased tract, or other activity,
proposed, conducted, or approved pursuant to
the provisions of this Act, the portion of the
outer Continental Shelf for which the laws of a
particular Adjacent State are declared,
pursuant to section 4(a)(2), to be the law of
the United States.
``(iii) Producing state.--The term
`producing State' means an Adjacent State
having an Adjacent Zone containing leased
tracts from which are derived bonus bids and
royalties under a lease under this Act.
``(iv) State.--The term `State' includes
Puerto Rico and the other territories of the
United States.
``(v) Qualified lease.--The term `qualified
lease' means a natural gas or oil lease made
available under this Act granted after the date
of the enactment of the Infrastructure Jobs and
Energy Independence Act, for an area that is
available for leasing as a result of enactment
of section 101 of that Act.
``(E) Application.--This paragraph shall apply to
bonus bids and royalties received by the United States
under qualified leases after implementation of sections
105 and 106 of the Infrastructure Jobs and Energy
Independence Act.
``(F) Existing revenues.--All revenues including
revenues, including bonus bids, royalties, rentals, and
other sums, collected from leases issued under this Act
prior to the enactment Infrastructure Jobs and Energy
Independence Act, shall not be affected by the
provisions of that Act.
``(7) Establishment of reserve accounts.--
``(A) In general.--For budgetary purposes, there is
established as a separate account to receive deposits
under paragraph (6)(A)--
``(i) the Infrastructure Renewal Reserve
which shall be applied to offset the costs of--
``(I) Federal-aid highway and
highway safety construction programs
carried out by the Secretary of
Transportation;
``(II) public transportation
programs carried out by the Secretary
of Transportation;
``(III) water resources development
construction projects carried out by
the Secretary of the Army (acting
through the Chief of Engineers); and
``(IV) legislation enacted after
the date of the enactment of the
Infrastructure Jobs and Energy
Independence Act for purposes of
investment in transportation
infrastructure; and
``(ii) the Clean Water Reserve, to first,
offset the cost of construction programs under
the Clean Water Act or the 1996 Amendments to
the Safe Drinking Water Act that provide
assistance, such as grants, matching grants,
and no- and low-interest loans, to State,
county, and local governments to rebuild and
modernize clean water and sewage
infrastructure.
``(B) Deposit of balance from spr petroleum
account.--In addition to deposits under paragraph
(6)(A), the Secretary shall transfer to the
Infrastructure Renewal Reserve the balance of funds in
the SPR Petroleum Account on the date of enactment of
this Act in excess of $10,000,000.
``(C) Procedure for adjustments.--
``(i) Budget committee chairman.--After the
reporting of a bill or joint resolution, or the
offering of an amendment thereto or the
submission of a conference report thereon,
providing funding for the purposes set forth in
clause (i) or (ii) of subparagraph (A) in
excess of the sum of amount of the deposits
under paragraph (6)(A) for those purposes for
fiscal year 2013 and funds deposited under
subparagraph (B) of this paragraph, the
chairman of the Committee on the Budget of the
applicable House of Congress shall make the
adjustments set forth in clause (ii) for the
amount of new budget authority and outlays in
that measure and the outlays flowing from that
budget authority.
``(ii) Matters to be adjusted.--The
adjustments referred to in clause (i) are to be
made to--
``(I) the discretionary spending
limits, if any, set forth in the
appropriate concurrent resolution on
the budget;
``(II) the allocations made
pursuant to the appropriate concurrent
resolution on the budget pursuant to
section 302(a) of the Congressional
Budget Act of 1974; and
``(III) the budget aggregates
contained in the appropriate concurrent
resolution on the budget as required by
section 301(a) of the Congressional
Budget Act of 1974.
``(iii) Amounts of adjustments.--The
adjustments referred to in clauses (i) and (ii)
shall not exceed the receipts estimated by the
Congressional Budget Office that are
attributable to this Act for the fiscal year in
which the adjustments are made.
``(8) Maintenance of effort by states.--The Secretary of
the Interior, the Secretary of Health and Human Services, the
Secretary of Energy, and any other Federal official with
authority to implement legislation referred to in paragraph
(6)(A) shall ensure that financial assistance provided to a
State under that legislation for any purpose with amounts made
available under this subsection or in any legislation with
respect to which paragraph (7) applies supplement, and do not
replace, the amounts expended by the State for that purpose
before the date of the enactment of the Infrastructure Jobs and
Energy Independence Act.
``(9) Distributions for federal-aid highway or highway
safety construction program.--To the extent practicable,
amounts made available for a Federal-aid highway or highway
safety construction program, the costs of which are offset by
application of the Infrastructure Renewal Reserve, shall be
distributed using the apportionment formula that applies to
that program.''.
(b) Establishment of State Seaward Boundaries.--Section 4(a)(2)(A)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is
amended in the first sentence by striking ``, and the President'' and
all that follows through the end of the sentence and inserting the
following: ``. Such extended lines are deemed to be as indicated on the
maps for each Outer Continental Shelf region entitled `Alaska OCS
Region State Adjacent Zone and OCS Planning Areas', `Pacific OCS Region
State Adjacent Zones and OCS Planning Areas', `Gulf of Mexico OCS
Region State Adjacent Zones and OCS Planning Areas', and `Atlantic OCS
Region State Adjacent Zones and OCS Planning Areas', all of which are
dated September 2005 and on file in the Office of the Director,
Minerals Management Service. The preceding sentence shall not apply
with respect to the treatment under section 105 of the Gulf of Mexico
Energy Security Act of 2006 (title I of division C of Public Law 109-
432) of qualified outer Continental Shelf revenues deposited and
disbursed under subsection (a)(2) of that section.''.
SEC. 108. INVENTORY OF OFFSHORE ENERGY RESOURCES.
(a) In General.--The Secretary of the Interior (in this section
referred to as the ``Secretary'') shall promptly prepare an inventory
of offshore energy resources of the United States, including through
conduct of geological and geophysical explorations by private industry
in all of the United States outer Continental Shelf areas of the
Atlantic Ocean and the Pacific Ocean under part 251 of title 30, Code
of Federal Regulations (or successor regulations).
(b) Environmental Studies.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall complete any
environmental studies necessary to gather information essential to an
accurate inventory, including geological and geophysical explorations
under part 251 of title 30, Code of Federal Regulations (or successor
regulations).
(c) Effect on Oil and Gas Leasing.--No inventory that is conducted
under this section or any other Federal law (including regulations)
shall restrict, limit, delay, or otherwise adversely affect--
(1) the development of any Outer Continental Shelf leasing
program under section 18 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1344); or
(2) any leasing, exploration, development, or production of
any Federal offshore oil and gas leases.
(d) Funding.--
(1) In general.--The Secretary of the Treasury shall make a
one-time transfer to the Secretary, without further
appropriation and from royalties collected by the United States
in conjunction with the production of oil and gas, of such sums
as are necessary for the Secretary to carry out this section.
(2) Limitation.--The amount transferred under paragraph (1)
shall not exceed $50,000,000.
SEC. 109. PROHIBITIONS ON SURFACE OCCUPANCY AND OTHER APPROPRIATE
ENVIRONMENTAL SAFEGUARDS.
(a) Regulations.--
(1) In general.--
(A) Environmental safeguards.--The Secretary of the
Interior shall promulgate regulations that establish
appropriate environmental safeguards for the
exploration and production of oil and natural gas on
the outer Continental Shelf.
(B) Safety protocols.--All operations, including
under any permit issued pursuant to an application for
a permit to drill or an application for a permit to
sidetrack, that has been approved by the Minerals
Management Service or the Bureau of Ocean Energy
Management, Regulation and Enforcement, for purposes of
outer Continental Shelf energy exploration or
development and production, shall be carried out in
accordance with the safety protocols contained in part
250 of title 30, Code of Federal Regulations.
(2) Requirements.--The regulations shall include provisions
ensuring that--
(A) no surface facility shall be installed for the
purpose of production of oil or gas resources in any
area that is within 10 miles from the shore of any
coastal State, in any area of the outer Continental
Shelf that has not previously been made available for
oil and gas leasing;
(B) only temporary surface facilities are installed
for areas that are located--
(i) beyond 10 miles from the shore from the
shore of any coastal State, in any area of the
Outer Continental Shelf that has not previously
been made available for oil and gas leasing;
and
(ii) not more than 20 miles from the shore;
(C) the impact of offshore production facilities on
coastal vistas is otherwise mitigated; and
(D) onshore facilities that are able to draw upon
the resources of the outer Continental Shelf within 10
miles of shore are allowed.
(b) Conforming Amendment.--Section 105 of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2006
(Public Law 109-54; 119 Stat. 521) (as amended by section 103(d) of the
Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public
Law 109-432)) is amended by inserting ``and any other area that the
Secretary of the Interior may offer for leasing, preleasing, or any
related activity under section 104 of that Act'' after ``2006)''.
Subtitle B--Expedited Judicial Review
SEC. 121. DEFINITIONS.
In this subtitle:
(1) Authorizing leasing statute.--The term ``authorizing
leasing statute'' means the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.), the Mineral Leasing Act (30 U.S.C.
181 et seq.), the Mineral Leasing Act for Acquired Lands (30
U.S.C. 351 et seq.), and any other law of the United States
directing or authorizing the leasing of Federal lands for oil
and gas production or transmission.
(2) Covered oil and natural gas activity.--The term
``covered oil and natural gas activity'' means--
(A) the leasing of any lands pursuant to an
authorizing leasing statute for the exploration,
development, production, processing, or transmission of
oil, natural gas, or associated hydrocarbons, including
actions or decisions relating to the selection of which
lands may or shall be made available for such leasing;
and
(B) any activity taken or proposed to be taken
pursuant or in relation to such leases, including their
suspension, and any environmental analyses relating to
such activity.
SEC. 122. EXCLUSIVE JURISDICTION OVER CAUSES AND CLAIMS RELATING TO
COVERED OIL AND NATURAL GAS ACTIVITIES.
Notwithstanding any other provision of law, any Federal action
approving any covered oil and natural gas activity shall be subject to
judicial review only--
(1) in the United States Court of Appeals for the District
of Columbia Circuit; and
(2) after the person filing a petition seeking such
judicial review has exhausted all available administrative
remedies with respect to such Federal action.
SEC. 123. TIME FOR FILING PETITION; STANDING.
(a) In General.--All petitions referred to in section 122 must be
filed within 30 days after the latter of the challenged Federal action
or the exhaustion of all available administrative remedies with respect
to such Federal action. A claim or challenge shall be barred unless it
is filed within the time specified.
(b) Standing.--No person whose legal rights will not be directly
and adversely affected by the challenged action, and who is not within
the zone of interest protected by each Act under which the challenge is
brought, shall have standing to file any petition referred to in
section 122.
SEC. 124. TIMETABLE.
The United States Court of Appeals for the District of Columbia
Circuit shall complete all judicial review, including rendering a
judgment, before the end of the 120-day period beginning on the date on
which a petition referred to in section 122 is filed, unless all
parties to such proceeding agree to an extension of such period.
SEC. 125. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review referred to in section 122, any administrative findings and
conclusions relating to the challenged Federal action shall be presumed
to be correct unless shown otherwise by clear and convincing evidence
contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review
referred to in section 122, the Court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
Federal law requirement, and is the least intrusive means necessary to
correct the violation concerned.
SEC. 126. PRESIDENTIAL WAIVER.
Notwithstanding any other provision of law, the President may waive
any legal requirement relating to the approval of any covered oil and
natural gas activity if the President determines in the President's
sole discretion that such activity is important to the national
interest and outweighs such legal requirement.
SEC. 127. LEGAL FEES.
Any person filing a petition referred to in section 122 who is not
a prevailing party shall pay to the prevailing parties (including
intervening parties), other than the United States, fees and other
expenses incurred by that party in connection with the judicial review,
unless the Court finds that the position of the person was
substantially justified or that special circumstances make an award
unjust.
SEC. 128. EXCLUSION.
Section 122 shall not apply to disputes between the parties to a
lease issued pursuant to an authorizing leasing statute regarding the
obligations of such lease or the alleged breach thereof.
Subtitle C--Other Energy Provisions
SEC. 131. POLICIES REGARDING BUYING AND BUILDING AMERICAN.
(a) Intent of Congress.--It is the intent of the Congress that this
Act, among other things, result in a healthy and growing American
industrial, manufacturing, transportation, and service sector employing
the vast talents of America's workforce to assist in the development of
energy from domestic sources. Moreover, the Congress intends to monitor
the deployment of personnel and material onshore and offshore to
encourage the development of American technology and manufacturing to
enable United States workers to benefit from this Act by good jobs and
careers, as well as the establishment of important industrial
facilities to support expanded access to American resources.
(b) Safeguard for Extraordinary Ability.--Section 30(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the
matter preceding paragraph (1) by striking ``regulations which'' and
inserting ``regulations that shall be supplemental and complimentary
with and under no circumstances a substitution for the provisions of
the Constitution and laws of the United States extended to the subsoil
and seabed of the outer Continental Shelf pursuant to section 4 of this
Act, except insofar as such laws would otherwise apply to individuals
who have extraordinary ability in the sciences, arts, education, or
business, which has been demonstrated by sustained national or
international acclaim, and that''.
(c) Work Standards.--All construction, repair, or alteration of
public buildings and public works of the Government and buildings or
works financed or otherwise assisted in whole or in part under this Act
by a loan, loan guarantee, grant, annual contribution, credit
enhancement, or any other form of Federal assistance authorized under
this Act shall be performed in accordance with the standards applicable
to comparable activity under any other provision of law, without regard
to the form or type of Federal assistance provided thereunder.
TITLE II--MODIFYING THE STRATEGIC PETROLEUM RESERVE AND FUNDING
CONSERVATION AND ENERGY RESEARCH AND DEVELOPMENT
SEC. 201. FINDINGS.
Congress finds the following:
(1) The Strategic Petroleum Reserve (SPR) was created by
Congress in 1975, to protect the Nation from any future oil
supply disruptions. When the program was established, United
States refiners were capable of handling light crude and medium
crude and the makeup of the SPR matched this capacity. This is
not the case today.
(2) A GAO analysis found that nearly half of the refineries
considered vulnerable to supply disruptions are not compatible
with the types of oil currently stored in the SPR and would be
unable to maintain normal refining capacity if forced to rely
on SPR oil as currently constituted, thereby reducing the
effectiveness of the SPR in the event of a supply disruption.
GAO concluded that the SPR should be comprised of at least 10
percent heavy crude.
(3) This Act implements the GAO recommendation and
dedicates funds received from the transactions to existing
energy conservation, research, and assistance programs.
SEC. 202. DEFINITIONS.
In this title--
(1) the term ``light grade petroleum'' means crude oil with
an API gravity of 35 degrees or higher;
(2) the term ``heavy grade petroleum'' means crude oil with
an API gravity of 26 degrees or lower; and
(3) the term ``Secretary'' means the Secretary of Energy.
SEC. 203. OBJECTIVES.
The objectives of this title are as follows:
(1) To modernize the composition of the Strategic Petroleum
Reserve to reflect the current processing capabilities of
refineries in the United States.
(2) To provide increased funding to accelerate
conservation, energy research and development, and assistance
through existing programs.
SEC. 204. MODIFICATION OF THE STRATEGIC PETROLEUM RESERVE.
Notwithstanding section 161 of the Energy Policy and Conservation
Act (42 U.S.C. 6241), the Secretary shall publish a plan not later than
30 days after the date of enactment of this Act to--
(1) exchange as soon as possible light grade petroleum from
the Strategic Petroleum Reserve, in an amount equal to 10
percent of the total number of barrels of crude oil in the
Reserve as of the date of enactment of this Act, for an
equivalent volume of heavy grade petroleum plus any additional
cash bonus bids received that reflect the difference in the
market value between light grade petroleum and heavy grade
petroleum and the timing of deliveries of the heavy grade
petroleum;
(2) from the gross proceeds of the cash bonus bids, deposit
the amount necessary to pay for the direct administrative and
operational costs of the exchange into the SPR Petroleum
Account established under section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247); and
(3) deposit 90 percent of the remaining net proceeds from
the exchange into the Infrastructure Renewal Reserve
established in section 107.
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Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Energy and Commerce, Rules, the Budget, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Energy and Commerce, Rules, the Budget, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Energy and Commerce, Rules, the Budget, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Energy and Commerce, Rules, the Budget, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Energy and Commerce, Rules, the Budget, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Energy and Commerce, Rules, the Budget, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy and Power.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.